[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Pages 75939-75940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27704]


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DELAWARE RIVER BASIN COMMISSION


Notice of Proposed Rulemaking: Proposed Amendments to the 
Comprehensive Plan and Water Code Relating to the Coordinated Operation 
of Lower Basin and Hydroelectric Reservoirs During a Basinwide Drought

AGENCY: Delaware River Basin Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Delaware River Basin Commission (``Commission'' or 
``DRBC'') will hold a public hearing to receive comments on proposed 
amendments to Section 2.5.5 of the Water Code, relating to the 
Coordinated Operation of Lower Basin and Hydroelectric Reservoirs 
During a Basinwide Drought. The Commission proposes to amend and codify 
changes to the Comprehensive Plan and Water Code effected by Resolution 
No. 2002-33, approved in November 2002 by the Commission and the 
parties to the U.S. Supreme Court Decree in New Jersey v. New York, 347 
U.S. 995 (1954) (``Decree Parties''). The amendments are for purposes 
of clarification and accuracy and to better ensure that the benefits of 
the changes effected by Resolution No. 2002-33 are achieved without 
compromising habitat protection goals. Resolution No. 2002-33, which 
was not codified, in part amended the Comprehensive Plan and Water Code 
relating to the utilization of Lake Wallenpaupack during drought watch, 
drought warning and drought operations. The proposed changes are as 
follows: First, numbered paragraph 1 of Resolution No. 2002-33 provides 
that ``any and all provisions pertaining to the operation of Lake 
Wallenpaupack during basinwide drought warning also apply to basinwide 
drought watch as temporarily defined by the Commission in Docket No. D-
77-20 CP.'' The proposed amendment adds the parenthetical ``(Revision 7 
and following)'' at the end of this sentence to make clear that the 
most current applicable revision of Docket No. D-77-20 CP is intended 
to apply. Second, the inclusion of the term ``drought watch'' in 
brackets following every mention of ``drought warning'' in the November 
2002 amendments is proposed to be deleted, because the Commission makes 
clear in numbered Paragraph 1 of the Resolution that provisions in 
Section 2.5.5 of the Water Code pertaining to the operation of Lake 
Wallenpaupack during drought warning also are intended to apply to 
drought watch as defined by Docket No. D-77-20 CP (Revision 7 and 
following). Third, throughout the language added by Resolution No. 
2002-33, the terms ``drought conditions'' and ``drought warning 
conditions'' are replaced by ``drought operations'' and ``drought 
warning operations,'' respectively, to more accurately reflect the fact 
that the reservoir management activities described are triggered by a 
set of reservoir drought operating rules established by the Commission 
and the Decree Parties, rather than by hydrologic conditions. Fourth, 
the November 2002 amendments inserted language at Section 2.5.5 of the 
Water Code stating that ``[d]uring `drought' and `drought warning' 
operations * * *, ``the power companies shall release water only in 
accordance with Commission direction.'' This statement is proposed to 
be changed to reflect the Commission's intention that ``[d]uring 
`drought' and `drought warning' operations as defined in Figure 1 of 
Section 2.5.3.A. of the Water Code, releases from Lake Wallenpaupack 
shall be made only in accordance with Commission direction.'' In a 
related amendment, a new sentence is proposed to be added to Section 
2.5.5 addressing operation of the Mongaup reservoir system by the 
Commission, which may take place only under more limited circumstances. 
The proposed provision reads, ``After issuance of a Conservation Order 
by the Commission, power generation releases from the Mongaup reservoir 
system shall be made only in accordance with Commission direction.'' 
This statement restores the rule governing drought operation of the 
Mongaup system reservoirs to the rule in effect before the November 
2002 amendments. Fifth, the Commission proposes to add a clause 
providing that when it directs releases from Lake Wallenpaupack during 
drought watch (including warning) and drought operations, it must give 
consideration to any flow and temperature targets established by the 
Commission and the Decree Parties in the upper Delaware River and in 
the West Branch Delaware, East Branch Delaware, and Neversink rivers 
for the protection of the cold water fisheries in these streams.

DATES: The public hearing will be held during the Commission's 
regularly scheduled business meeting on January 19, 2005 at 1:30 p.m. 
Persons wishing to testify at the hearing are asked to register in 
advance with the Commission by phoning 609-883-9500, ext. 224. 
Submission of written comments by January 14, 2005 would be 
appreciated, but written comments will

[[Page 75940]]

be accepted through the close of the public hearing on Wednesday, 
January 19, 2005.

ADDRESSES: The public hearing will be held in the Goddard Room of the 
Commission's office building at 25 State Police Drive in West Trenton, 
New Jersey. Written comments should be addressed to the Commission 
Secretary as follows: by e-mail to [email protected]; by 
fax to 609-883-9522; by U.S. Mail to Commission Secretary, DRBC, P.O. 
Box 7360, West Trenton, NJ 08628-0360; or by overnight mail to 
Commission Secretary, DRBC, 25 State Police Drive, West Trenton, NJ 
08628-0360.

FOR FURTHER INFORMATION CONTACT: The full text of the proposed 
resolution, the text of Resolution No. 2002-33, and the text of the 
sections of the Water Code as amended by both Resolution No. 2002-33 
and the proposed resolution, are posted on the Commission's Web site, 
http://www.drbc.net. Please contact Commission Secretary Pamela Bush, 
609-883-9500 ext. 203, with questions about the proposed action.

    Dated: December 13, 2004.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 04-27704 Filed 12-17-04; 8:45 am]
BILLING CODE 6360-01-P